Can my attorney(s) claim any benefits, either on my behalf or for themselves?

In the event that you lose capacity, you are still entitled to claim any benefits that you would otherwise receive. Depending on your age, financial situation and personal circumstances, these may include Pension Credit, Attendance Allowance and bereavement benefit, among others.

While there is no dedicated state benefit for those fulfilling the role of an attorney, if your chosen attorneys are caring for you in any capacity (for example if they are family members who give you additional help beyond their duties as an attorney), they may be able to claim other benefits, including Carer’s Allowance.

It is important to note that any benefits you receive may be taken into account when calculating the amount you need to pay for care services in the future, such as the costs of a care home. You can plan ahead for this situation by using the preferences section of your Lasting Power of Attorney (LPA) to specify which benefits you wish to receive in the event of a loss of capacity. However, the best course of action for you depends on your personal circumstances, so you should seek advice from a specialist solicitor, who can help you and your family to discuss your options in full.